NAC: CHAPTER 321 - ADMINISTRATION, CONTROL AND SALE OF STATE LANDS

[Rev. 11/21/2013 4:04:58 PM--2013]

[NAC-321 Revised Date: 7-13]

CHAPTER 321 - ADMINISTRATION, CONTROL AND SALE OF STATE LANDS

GENERAL PROVISIONS

321.010 Definitions.

321.020 Right-of-way or easement prior to July 1, 1979.

321.030 Authorization required for certain acts.

321.040 Authorization given without prejudice to Nevada.

321.050 Recordation of mining claims.

321.060 Sale, use or disposal of public lands: Notification concerning money paid or received.

321.070 Clarification of or relief from regulations; response by State Land Registrar.

DEVELOPMENT IN FORT MOHAVE VALLEY

321.100 Definitions.

321.120 “Board” defined.

321.130 “Commission” defined.

321.140 “Executive Director” defined.

321.160 “Fort Mohave Valley” defined.

321.170 Development and disposal of lands; reservation of lands for recreational facilities.

321.180 Executive Director to report certain proposals for development; availability of plan.

321.190 Approval of development; solicitation for proposals for development.

321.200 Publication and distribution of notice soliciting proposals for development.

321.210 Information required on application for proposals for development.

321.220 Proposals for development which will not be considered; submission of additional information.

321.230 Procedure for consideration of proposals for development; action by Commission.

PROTECTION OF LAKE TAHOE BASIN

321.300 Definitions.

321.305 “Committee” defined.

321.315 “Division” defined.

321.323 “Local government” defined.

321.325 “Matching contribution” defined.

321.327 “Nonprofit organization” defined.

321.330 “Project” defined.

321.332 “State agency” defined.

321.333 “Stream environment zone” defined.

321.340 Award of grants of money; entry into contracts or agreements; matching contributions.

321.345 Grants of money: Solicitation of applications; initial determination of eligibility; submission and contents of application.

321.355 Appointment of Technical Advisory Committee; duties of Committee; preliminary and final lists of prioritized projects.

321.360 Agreement between State Land Registrar and recipient of grant.

321.365 Authorized and prohibited uses of grant.

CONSERVATION, PROTECTION AND ENHANCEMENT OF CERTAIN PROPERTY AND RESOURCES

321.400 Definitions.

321.402 “Acquisition” defined.

321.404 “Administrator” defined.

321.406 “Carson River corridor” defined.

321.408 “Conservation and Resource Protection Grant Program” and “Program” defined.

321.410 “Construction” defined.

321.412 “Division” defined.

321.414 “Easement for conservation” defined.

321.416 “Greenbelt” defined.

321.418 “Habitat conservation plan” defined.

321.420 “Historic or cultural resources” defined.

321.422 “Matching contribution” defined.

321.424 “Municipality” defined.

321.426 “Nonprofit conservation organization” defined.

321.428 “Nonprofit organization” defined.

321.430 “Open-space plan” defined.

321.432 “Project” defined.

321.434 “Public benefit” defined.

321.436 “Recreational facility” defined.

321.438 “Recreational trail” defined.

321.440 “Riparian corridor” defined.

321.442 “Sensitive or unique vegetation” defined.

321.444 “State agency” defined.

321.446 “Urban park” defined.

321.448 “Wetland” defined.

321.450 “Wildlife habitat” defined.

321.452 “Wildlife species” defined.

321.454 Award of grants of money; entry into contracts or agreements; use of advisory committees; coordination of efforts.

321.456 Application for grant, contract or agreement: Solicitation; submission; contents.

321.458 Eligibility of project for grant: Preapplication for initial determination; criteria for determination.

321.460 Ranking of applications and awarding of grants by Administrator; use of advisory committee.

321.462 Amount and eligibility of matching contributions.

321.464 Agreement between Division and recipient of money: Authorized and prohibited uses of money.

321.466 Agreement between Division and recipient of money: Miscellaneous requirements.

APPRAISAL OF LAND OFFERED FOR SALE OR LEASE

321.500 Definitions.

321.505 “Division” defined.

321.510 “List of appraisers” defined.

321.515 List of qualified appraisers: Establishment and maintenance.

321.520 List of qualified appraisers: Contents and organization.

321.525 Selection of appraiser to perform appraisal: Procedure and criteria.

GENERAL PROVISIONS

NAC 321.010 Definitions. (NRS 321.597) As used in this chapter, unless the context otherwise requires:

1. “Federal laws” means the statutes enumerated in subsection 2 of NRS 321.5973 and regulations adopted pursuant thereto.

2. “Person” means any natural person, partnership, association, corporation or other form of business organization or any governmental entity.

3. “Public lands” has the meaning ascribed to it in subsection 2 of NRS 321.5963.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 1 §§ 1.2-1.4, eff. 11-6-79]

NAC 321.020 Right-of-way or easement prior to July 1, 1979. (NRS 321.597) Any person who on July 1, 1979, possessed a right-of-way or an easement across public lands may continue to exercise that right without application or notice to the State Land Registrar.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 2 § 2.1, eff. 11-6-79]

NAC 321.030 Authorization required for certain acts. (NRS 321.597)

1. Any person who desires to perform one or more acts respecting the use, management or disposal of public lands must apply for authorization or approval to the State Land Registrar in writing and present written evidence of authority under federal law for the act or acts.

2. If the State Land Registrar finds, after consideration of the application and evidence, that the act or acts regarding the public lands conform to applicable federal laws, the laws of this State and this chapter, he or she will issue a written authorization to the applicant on a form approved by the Director of the State Department of Conservation and Natural Resources.

3. Subject to continuing review by the State Land Registrar to ensure compliance with the intent of NRS 321.5977 and to ensure that the public lands are protected, no additional authorization or permit beyond that required by federal law is required for casual use of the public lands, such as, but not limited to, prospecting, general recreational use and noncommercial wood or tree gathering.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 1 §§ 2.2 & 2.3, eff. 11-6-79]

NAC 321.040 Authorization given without prejudice to Nevada. (NRS 321.597) Any written authorization given by the State Land Registrar pursuant to this chapter is without prejudice to or waiver of any claim of the State of Nevada for any money or other consideration received or given for any sale, use or other disposition of any public land.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 2 § 2.4, eff. 11-6-79]

NAC 321.050 Recordation of mining claims. (NRS 321.597)

1. The recordation, pursuant to chapter 517 of NRS, of all documents related to mining claims on the public lands shall be deemed to fulfill the reporting requirements of subsection 1 of NAC 321.030 and subsection 1 of NAC 321.060 as they relate to filing of mining claims.

2. The State Land Registrar hereby authorizes the locator to use and develop the claim if the activity does not violate any statute, ordinance or administrative regulation or the rights of any other person.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 2 § 2.2.1, eff. 5-2-80]

NAC 321.060 Sale, use or disposal of public lands: Notification concerning money paid or received. (NRS 321.597)

1. If any money or other consideration is paid or given other than to the State of Nevada by any person in connection with any act respecting the use, management or disposal of any public lands of Nevada for which the authorization of the State Land Registrar is required pursuant to this chapter, the person requesting the authorization must provide the Registrar with the name and address of the person to whom the money or consideration was given and declare the amount.

2. Any person who receives any money or other consideration including fees, rents or royalties for any sale, use or other disposition of any public land shall notify the State Land Registrar of the amount and receipt of the money or other consideration as soon as practicable unless the money or consideration is given to the State Treasurer. In that case the State Treasurer shall notify the State Land Registrar of the amounts deposited and credited to the State General Fund. This subsection does not apply to transactions between private persons.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 3, eff. 11-6-79]

NAC 321.070 Clarification of or relief from regulations; response by State Land Registrar. (NRS 321.597) Any person desiring clarification of the provisions of this chapter or relief from the strict application thereof or otherwise dealing with the Division of State Lands of the State Department of Conservation and Natural Resources with regard to regulations may submit a written request for the desired assistance or action to the State Land Registrar. The State Land Registrar will respond within 30 days.

[Div. of St. Lands, Pub. Lands Mgt. Reg. Art. 4, eff. 11-6-79]

DEVELOPMENT IN FORT MOHAVE VALLEY

NAC 321.100 Definitions. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) As used in NAC 321.100 to 321.230, inclusive, unless the context otherwise requires, the words and terms defined in NAC 321.120 to 321.160, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A by R219-99, 5-16-2000)

NAC 321.120 “Board” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Board” means the Board of County Commissioners of Clark County.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.130 “Commission” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Commission” means the Colorado River Commission of Nevada.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.140 “Executive Director” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Executive Director” means the Executive Director of the Commission.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.160 “Fort Mohave Valley” defined. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) “Fort Mohave Valley” means that land described in section 4 of chapter 427, Statutes of Nevada 2007, as amended by section 9 of chapter 369, Statutes of Nevada 2009, and section 8 of chapter 427, Statutes of Nevada 2007, as amended by section 9 of chapter 369, Statutes of Nevada 2009.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.170 Development and disposal of lands; reservation of lands for recreational facilities. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) The Commission will, subject to the requirements of section 5 of chapter 427, Statutes of Nevada 2007, as amended by section 9 of chapter 369, Statutes of Nevada 2009, and section 9 of chapter 427, Statutes of Nevada 2007, as last amended by section 2 of chapter 481, Statutes of Nevada 2011:

1. Provide for the development and disposal of lands within Fort Mohave Valley in such increments as are needed to further orderly planning and development in the valley.

2. Consider the reservation of lands within Fort Mohave Valley for parks, beaches, playgrounds and any other public recreational facility as recommended by interested governmental agencies.

3. Dispose of lands within Fort Mohave Valley, except reserved lands, through sale or other methods of disposal to qualified developers and, if appropriate, public agencies.

4. Provide for the development and disposal of lands within Fort Mohave Valley pursuant to the provisions of NAC 321.100 to 321.230, inclusive.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A 2-18-88; R219-99, 5-16-2000)

NAC 321.180 Executive Director to report certain proposals for development; availability of plan. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009)

1. The Executive Director shall report to the Commission any written proposal for development in Fort Mohave Valley which is consistent with:

(a) The current plan of development approved by the Secretary of the Interior;

(b) A master plan adopted pursuant to chapter 278 of NRS by the governing body whose territory contains the land described for development or disposal, or the proposed development or disposal constitutes an acceptable revision to the master plan; and

(c) The plans and projects of any special district whose territory contains the land described for development or disposal.

2. A copy of the plan of development described in paragraph (a) of subsection 1 may be:

(a) Obtained from the Commission upon written request to:

Executive Director

Colorado River Commission of Nevada

555 East Washington Avenue, Suite 3100

Las Vegas, Nevada 89101-1048

(b) Inspected or obtained at the Commission’s office during business hours at 555 East Washington Avenue, Suite 3100, Las Vegas, Nevada.

Ê The Executive Director shall charge a fee to cover the cost of reproduction of the plan.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A 2-18-88; R219-99, 5-16-2000)

NAC 321.190 Approval of development; solicitation for proposals for development. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009)

1. The Commission will not approve any development in or disposal of Fort Mohave Valley:

(a) Until it has consulted with the Board and the Laughlin Town Advisory Board.

(b) Unless the person proposing the development or disposal first obtains the concurrence of the governing body whose territory contains the land described for development or disposal that the proposed development or disposal is consistent with the plans and projects described in subsection 1 of NAC 321.180.

2. When the Commission decides that it is appropriate to provide for a particular type of development in a specific portion of Fort Mohave Valley, it will, by resolution, order the Executive Director to solicit proposals for the development. The materials for the solicitation must contain:

(a) A description of the type of development;

(b) A description of the specific area to be developed;

(d) An application form; and

(e) Any other information the Commission or the Executive Director considers appropriate.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A 2-18-88; R219-99, 5-16-2000)

NAC 321.200 Publication and distribution of notice soliciting proposals for development. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) The Executive Director shall:

1. Publish a notice soliciting proposals as directed by the Commission in its resolution; and

2. Send the notice directly to any person who has submitted a proposal to the Commission for a similar type of development within 1 year before the date of the resolution.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A by R219-99, 5-16-2000)

NAC 321.210 Information required on application for proposals for development. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009) The application for proposals must request the following information:

1. A statement describing the organization of the person submitting the proposal and identifying any principals or officers of the organization.

2. A statement describing the financial condition, sources of financing and projections of cash flow of the person submitting the proposal.

3. Financial statements of any officers, principals and major stockholders of the person submitting the proposal.

4. A statement describing the experience of those persons responsible for developing the project.

5. A summary of the experience of the person submitting the proposal in developing and managing similar projects.

6. The proposed plan for development.

7. A map of the area showing the proposed development.

8. The amount offered for the land to be developed.

9. Any other information the Commission specifies in the resolution or the Executive Director considers appropriate to provide a clear understanding of the proposal, verification of the information contained in the proposal and application and evidence of the feasibility of the proposal and financial capability and integrity of the person submitting the proposal.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86)

NAC 321.220 Proposals for development which will not be considered; submission of additional information. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009)

1. The Commission will not consider any proposal for development in Fort Mohave Valley unless it is submitted in response to a solicitation for proposals.

2. The Commission will not consider a proposal if it does not contain the information required on the application. The proposal may contain any other information the person submitting the proposal wishes to provide.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A by R219-99, 5-16-2000)

NAC 321.230 Procedure for consideration of proposals for development; action by Commission. (NRS 538.201; § 5 of ch. 427, Stats. 2007, as amended by § 9 of ch. 369, Stats. 2009)

1. The Executive Director shall forward a copy of each properly submitted proposal within 10 days after receiving it to the Board and the Laughlin Town Advisory Board.

2. The Executive Director may arrange for an oral presentation by each person submitting a proposal before the entity to which a proposal was forwarded.

3. Within 15 days after a proposal is forwarded, the Executive Director shall submit a copy of the proposal to each Commissioner and, as directed by the Chair of the Commission, arrange for an oral presentation before the Commission by the person submitting the proposal.

4. The Commission will do one of the following:

(a) Reject the proposal.

(b) Select a proposal for further consideration.

(Added to NAC by Colorado River Comm’n, eff. 7-28-86; A by R219-99, 5-16-2000)

PROTECTION OF LAKE TAHOE BASIN

NAC 321.300 Definitions. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) As used in NAC 321.300 to 321.365, inclusive, unless the context otherwise requires, the words and terms defined in NAC 321.305 to 321.333, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R004-02, 3-19-2002)

NAC 321.305 “Committee” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Committee” means the Technical Advisory Committee established by the Division pursuant to NAC 321.355.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R040-12, 9-14-2012)

NAC 321.315 “Division” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Division” means the Division of State Lands of the Department of Conservation and Natural Resources.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98)

NAC 321.323 “Local government” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Local government” means any political subdivision of this State, including, without limitation:

1. Counties;

2. Incorporated cities and towns, including Carson City;

3. Unincorporated towns; and

4. General improvement districts and other districts.

(Added to NAC by St. Land Registrar by R004-02, eff. 3-19-2002)

NAC 321.325 “Matching contribution” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Matching contribution” means money or anything of value, including, without limitation, the use of personnel, materials or equipment of the applicant.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98)

NAC 321.327 “Nonprofit organization” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Nonprofit organization” means an entity or organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

(Added to NAC by St. Land Registrar by R004-02, eff. 3-19-2002)

NAC 321.330 “Project” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Project” means a project that is listed in the “Environmental Improvement Program” of the Tahoe Regional Planning Agency and may include a project for:

1. The improvement of water quality in the Lake Tahoe Basin; or

2. The restoration or enhancement of natural watercourses or stream environment zones in the Lake Tahoe Basin.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R004-02, 3-19-2002; R040-12, 9-14-2012)

NAC 321.332 “State agency” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “State agency” means any agency, department or division of the Executive Department of this State. The term includes the Nevada System of Higher Education.

(Added to NAC by St. Land Registrar by R004-02, eff. 3-19-2002)

NAC 321.333 “Stream environment zone” defined. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) “Stream environment zone” means an area that meets the criteria for a stream environment zone set forth by ordinance of the Tahoe Regional Planning Agency adopted pursuant to NRS 277.200.

(Added to NAC by St. Land Registrar by R004-02, eff. 3-19-2002; A by R040-12, 9-14-2012)

NAC 321.340 Award of grants of money; entry into contracts or agreements; matching contributions. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001)

1. The State Land Registrar will, pursuant to NAC 321.300 to 321.365, inclusive:

(a) Award grants of money from the sale of general obligation bonds of this State issued pursuant to section 1 of chapter 514, Statutes of Nevada 1999, and section 1 of chapter 431, Statutes of Nevada 2009, to; and

(b) Enter into contracts or agreements in accordance with section 3 of chapter 514, Statutes of Nevada 1999, as amended by section 5 of chapter 25, Statutes of Nevada 2001, with,

Ê state agencies, local governments, nonprofit organizations and other persons or entities to carry out projects.

2. An applicant for a grant of money pursuant to NAC 321.300 to 321.365, inclusive, shall provide a matching contribution to the project of not less than 25 percent of the total cost of the project, except that a state agency is not required to provide a matching contribution.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R022-00, 5-4-2000; R004-02, 3-19-2002; R040-12, 9-14-2012)

NAC 321.345 Grants of money: Solicitation of applications; initial determination of eligibility; submission and contents of application. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001)

1. The State Land Registrar will periodically:

(a) Solicit applications from state agencies, local governments, nonprofit organizations and other persons or entities for grants of money from the sale of general obligation bonds issued pursuant to section 1 of chapter 514, Statutes of Nevada 1999, and section 1 of chapter 431, Statutes of Nevada 2009; and

(b) Establish deadlines for the submission of those applications.

2. Before a state agency, a local government, a nonprofit organization or any other person or entity may submit an application for a grant of money for a proposed project, the state agency, local government, nonprofit organization or other person or entity must submit a preapplication to the Division for an initial determination by the State Land Registrar of the eligibility of the proposed project to qualify for a grant. In making an initial determination of the eligibility of a proposed project to qualify for a grant, the State Land Registrar will consider the following criteria, without limitation:

(a) Whether the proposed project is listed in the “Environmental Improvement Program” of the Tahoe Regional Planning Agency;

(b) Whether the proposed project is of benefit to the general public as determined by the State Land Registrar; and

Ê Upon the initial determination by the State Land Registrar that a project is eligible to qualify for a grant, the applicant may submit an application for a grant of money for the proposed project.

3. An application by a state agency, a local government, a nonprofit organization or any other person or entity for a grant pursuant to NAC 321.300 to 321.365, inclusive, must be submitted to the Division and include, without limitation:

(a) A completed application package on forms provided by the Division;

(b) The amount of money requested for the project;

(c) The total projected cost of the project, including, without limitation, the estimated costs for planning, design, acquisition and construction;

(d) A detailed description of:

(1) If the applicant is a local government, a nonprofit organization or any other person or entity other than a state agency, the matching contribution that is required for the project pursuant to NAC 321.340; or

(2) If the applicant is a state agency, the matching contribution obtained for the project, if any;

(e) A detailed description of the project;

(f) Identification of any land, lease or easement that must be acquired to carry out the project;

(g) A map of the location of the project;

(h) A statement regarding the conformity of the project to all applicable local and regional land use plans;

(i) Evidence that the project is included within the “Environmental Improvement Program” of the Tahoe Regional Planning Agency;

(j) A plan for the operation and maintenance of the project for a period of not less than 20 years;

(k) If the project will impact how stormwater is transmitted to surface water bodies and Lake Tahoe, a detailed description of the impact;

(l) A detailed description of how the project conforms to the guidelines and objectives described in the application package; and

(m) A detailed description of the environmental and public benefits of the project.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R022-00, 5-4-2000; R004-02, 3-19-2002; R040-12, 9-14-2012)

NAC 321.355 Appointment of Technical Advisory Committee; duties of Committee; preliminary and final lists of prioritized projects. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001)

1. The State Land Registrar will appoint a Technical Advisory Committee. The members of the Committee serve at the pleasure of the State Land Registrar.

2. For each periodic solicitation of applications by the State Land Registrar pursuant to subsection 1 of NAC 321.345, the Committee shall:

(a) Evaluate the feasibility of each project for which the Division has received an application pursuant to the solicitation and the estimated costs and benefits of the project pursuant to the following criteria:

(1) The benefit to the water quality of Lake Tahoe, including, without limitation, how the project:

(I) Will address a significant problem relating to water quality;

(II) Will result in a demonstrated reduction in the total maximum daily load for stormwater pollutants of concern as determined by the Division of Environmental Protection of the State Department of Conservation and Natural Resources, in surface water bodies and Lake Tahoe; and

(III) Will address impaired stream environment zones.

(2) The adequacy of the design of the project, including, without limitation, whether the proposed project:

(I) Incorporates cost-effective measures and innovative approaches to target stormwater pollutants; and

(II) Restores, preserves and enhances stream environment zones to the maximum extent possible.

(3) The comprehensive approach of the project, including, without limitation, whether all identifiable pollutant issues relating to water quality are considered in the project.

(4) The long-term viability of the project, including, without limitation, the ability of the applicant to inspect, operate and maintain the project.

(5) The ability of the applicant to carry out the project in a timely manner.

(6) If appropriate, whether the project includes any monitoring system for assessing the effectiveness of the project and the project’s components.

(7) The amount of cooperation and support for the project from persons other than the applicant, including, without limitation:

(I) Federal, state and local governmental agencies; and

(II) Private landowners.

(8) The amount of a matching contribution to the project that will be provided by the applicant.

(9) The benefits to the public.

(10) The extent that the project meets the objectives and guidelines set forth in the application package provided by the Division.

(b) Recommend to the State Land Registrar the amount of a grant, if any, for the project.

(c) Prepare a preliminary list that ranks projects for which applications have been submitted pursuant to a solicitation in order of priority for the awarding of grants.

3. The Division shall make the preliminary list of prioritized projects prepared by the Committee pursuant to paragraph (c) of subsection 2 available for public review and comment.

4. The State Land Registrar will hold one or more hearings with respect to a preliminary list if the State Land Registrar deems it necessary.

5. The State Land Registrar will:

(a) Prepare a final list of prioritized projects for the award of grants based on public comments and any recommendations received from the Committee; and

(b) Make the final list of prioritized projects available to the public.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R004-02, 3-19-2002; R040-12, 9-14-2012)

NAC 321.360 Agreement between State Land Registrar and recipient of grant. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001) The State Land Registrar and the recipient of a grant shall enter into an agreement which must require that the recipient shall:

1. If the recipient is not a state agency, provide a matching contribution to the proposed project of not less than 25 percent of the cost of the project;

2. If the recipient is a state agency that has obtained a matching contribution, provide the matching contribution to the proposed project;

3. Operate and provide maintenance for the project for not less than 20 years after the project is completed;

4. Agree to any additional conditions determined necessary by the State Land Registrar to carry out the purposes of this chapter, including, without limitation, the posting of a performance bond by the applicant; and

5. Obtain such easements for conservation or other interests in land as are necessary to carry out the project. The State Land Registrar may require that the easement for conservation or other interests in land be held by this State. As used in this subsection, “easement for conservation” has the meaning ascribed to it in NRS 111.410.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R022-00, 5-4-2000; R004-02, 3-19-2002; R040-12, 9-14-2012)

NAC 321.365 Authorized and prohibited uses of grant. (§ 2 of ch. 361, Stats. 1995, as amended by § 4 of ch. 25, Stats. 2001; § 3 of ch. 514, Stats. 1999, as amended by § 5 of ch. 25, Stats. 2001)

1. Except as otherwise provided in subsection 2, the recipient of a grant pursuant to NAC 321.300 to 321.365, inclusive, may use the money from the grant to pay for:

(a) All expenses related directly to the project, including, without limitation, expenses related to the planning, design and construction of the project;

(b) Monitoring the effectiveness of projects funded pursuant to section 3 of chapter 514, Statutes of Nevada 1999, if the State Land Registrar determines such monitoring to be necessary; and

2. The recipient of a grant pursuant to NAC 321.300 to 321.365, inclusive, shall not use the money from the grant to pay for:

(a) Any planning activities which are not directly related to the design, engineering and implementation of the project;

(b) The purchase of new equipment, unless the State Land Registrar has determined that the purchase of the new equipment is necessary to monitor the effectiveness of the project;

(d) The acquisition of land, unless such an acquisition is determined by the State Land Registrar to be an integral component of the project;

(e) Any work required by a public agency as mitigation or as a condition of the approval of any other project;

(f) Any component of the project that is determined by the State Land Registrar not to benefit the public;

(g) Installation of best management practices on private property as required by the Tahoe Regional Planning Agency; or

(h) Any other expenses determined by the State Land Registrar not to be necessary to carry out the purposes of this chapter.

(Added to NAC by St. Land Registrar by R222-97, eff. 3-5-98; A by R004-02, 3-19-2002; R040-12, 9-14-2012)

CONSERVATION, PROTECTION AND ENHANCEMENT OF CERTAIN PROPERTY AND RESOURCES

NAC 321.400 Definitions. (§ 2 of ch. 6, Stats. 2001 Special Session) As used in NAC 321.400 to 321.466, inclusive, unless the context otherwise requires, the words and terms defined in NAC 321.402 to 321.452, inclusive, have the meanings ascribed to them in those sections.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.402 “Acquisition” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Acquisition” means the securing of the right of public use of real property by the purchase or donation of an interest in that real property.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.404 “Administrator” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Administrator” means the Administrator of the Division.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.406 “Carson River corridor” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Carson River corridor” includes, without limitation, the 100-year floodplain of the Carson River, land adjacent to the 100-year floodplain of the Carson River, sloughs or ponds of the Carson River and old meanders and oxbows of the Carson River.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.408 “Conservation and Resource Protection Grant Program” and “Program” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Conservation and Resource Protection Grant Program” or “Program” means the conservation initiative that was created by chapter 6, Statutes of Nevada 2001 Special Session, and approved by the voters.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.410 “Construction” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Construction” means those activities directly related to the creation of a new recreational trail or to improvements made to an existing recreational trail that cause the trail to comply with a desired standard as determined by the Administrator.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.412 “Division” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Division” means the Division of State Lands of the State Department of Conservation and Natural Resources.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.414 “Easement for conservation” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Easement for conservation” has the meaning ascribed to it in NRS 111.410.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.416 “Greenbelt” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Greenbelt” means an open area of real property that is cultivated or maintained in a natural or seminatural state and used:

1. As a buffer between land uses;

2. To mark the edge of an urban or developed area, or a natural feature such as a stream or lake; or

3. To create a linear corridor for the provision of trails or other amenities.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.418 “Habitat conservation plan” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Habitat conservation plan” means a plan to protect or enhance a wildlife habitat for an endangered species or other species that need special protection, or a plan to protect or enhance essential habitat for biodiversity. The plan may include a procedure for compliance with the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.420 “Historic or cultural resources” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Historic or cultural resources” means any surviving evidence that relates to the history of the use of the land from the earliest human occupation to recent historical activities. Surviving evidence may include, without limitation, sites, structures, districts, objects, artifacts and historic documents associated with or representative of peoples, cultures, and human activities and events from any period of time, including, without limitation, the present.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.422 “Matching contribution” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Matching contribution” includes money or anything of value, including, without limitation, the use of personnel, materials or equipment that is expended on a project.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.424 “Municipality” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Municipality” means an incorporated city, an unincorporated town created pursuant to chapter 269 of NRS or a general improvement district created pursuant to chapter 318 of NRS.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.426 “Nonprofit conservation organization” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Nonprofit conservation organization” means a nonprofit organization that has as part of the mission of the organization the acquisition of property for conservation purposes.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.428 “Nonprofit organization” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Nonprofit organization” means an entity or organization that is exempt from federal income taxation pursuant to 26 U.S.C. § 501(c)(3).

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.430 “Open-space plan” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Open-space plan” means an inventory of undeveloped and semideveloped land or resources with a plan for the long-term preservation and conservation of that land. The plan may include a provision for dispersed recreational opportunities on the land.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.432 “Project” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Project” includes, without limitation, preparation of an open-space plan, preparation of a habitat conservation plan, acquisition of an interest in land or water for the purposes of protection or enhancement of a wildlife habitat, protection of sensitive or unique vegetation, protection of historic or cultural resources, protection of riparian corridors or wetlands, construction of a recreational trail, enhancement and restoration of the Carson River corridor, development of the path system in the Lake Tahoe area and other environmental activities.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.434 “Public benefit” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Public benefit” means the outcome of a project or acquisition that obtains, protects or preserves the benefits of property or natural resources within the State of Nevada for the public.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.436 “Recreational facility” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Recreational facility” means a facility for the use and enjoyment of an outdoor recreation area that provides an opportunity for the observation, interpretation or enjoyment of natural resources.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.438 “Recreational trail” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Recreational trail” means a trail, pathway or similar area for walking, hiking, bicycling, horseback riding, exercising, paddling, swimming or any other recreational activity if the activity does not have an adverse impact on a threatened or endangered species, wetland, riparian corridor, wildlife habitat, sensitive or unique vegetation or other important natural resource.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.440 “Riparian corridor” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Riparian corridor” means land related to or located on the bank of or adjacent to a natural or artificial waterway, including, without limitation, a river, an intermittent or permanent creek or stream, a gully where surface water collects, a wetland, a lake or a ditch, if the land exhibits plant types unique to areas with periodic or perennial water sources of a magnitude greater than the surrounding uplands.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.442 “Sensitive or unique vegetation” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Sensitive or unique vegetation” means any species, cluster of species or type of habitat designated as sensitive or unique vegetation by an appropriate federal or state agency, any species of vegetation in a declining trend, any species of vegetation that has characteristics that have been identified as worthy of special consideration or any species of vegetation that is highly restricted in distribution or that occurs only in a very specialized habitat.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.444 “State agency” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “State agency” means any agency, department or division of the Executive Department of this State and includes the Nevada System of Higher Education.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.446 “Urban park” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Urban park” means land located in a community of any size that provides an opportunity for casual recreational activity and includes, without limitation, any natural area, area of scenic value, area of physical or biological importance, wildlife area, land that provides outdoor community space and land that provides a connection to another public area.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.448 “Wetland” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Wetland” means land having a water table at, near or above the land surface, or land that has been saturated with water for a period of time long enough to promote wetland or aquatic processes indicated by hydric soil, hydrophytic vegetation and other biological activity adapted to a wet environment.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.450 “Wildlife habitat” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Wildlife habitat” means a diverse area with a combination of necessary resources and environmental conditions that promotes a population of at least one wildlife species and allows that species to flourish and reproduce.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.452 “Wildlife species” defined. (§ 2 of ch. 6, Stats. 2001 Special Session) “Wildlife species” means any species of animal, including, without limitation, insects, amphibians, reptiles, and other vertebrates and invertebrates.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.454 Award of grants of money; entry into contracts or agreements; use of advisory committees; coordination of efforts. (§ 2 of ch. 6, Stats. 2001 Special Session)

1. The Division will award grants of money from the sale of general obligation bonds of this State to counties, municipalities, state agencies or nonprofit organizations, or any combination thereof. The money will be distributed as follows:

(a) Not more than $7,250,000 to a state agency, county, municipality or nonprofit organization, or any combination thereof, for the construction of recreational trails. A recreational trail constructed with money awarded pursuant to this paragraph may include signs, markings, access points, staging areas, trailheads and directly related improvements such as restrooms and shade structures. Such a recreational trail may also include landscaping or revegetation with any associated irrigation equipment but only in an area around an improvement that requires landscaping or revegetation for slope stabilization as a direct result of the construction of the improvement.

(b) Not more than $5,000,000 to a state agency, county, municipality or nonprofit organization, or any combination thereof, for the acquisition of land and water or interests in land and water for urban parks or greenbelts.

(c) Not more than $3,000,000 to a state agency, a county whose population is less than 100,000 or a municipality within a county whose population is less than 100,000, or any combination thereof, for the development of habitat conservation plans.

(d) Not more than $250,000 to a county whose population is less than 100,000 or a municipality within a county whose population is less than 100,000, or any combination thereof, for the development and adoption of open-space plans.

(e) Not more than $20,000,000 to a county or a municipality within a county, or any combination thereof, for the acquisition of land and water or interests in land and water to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, wetlands and other environmental resources pursuant to an adopted open-space plan.

(f) Not more than $10,000,000 to Churchill County, Douglas County, Lyon County, Carson City or a municipality located within those counties, or any combination thereof, to enhance and restore the Carson River corridor. Money awarded pursuant to this paragraph must be used to:

(1) Acquire and develop land and water rights;

(2) Provide recreational facilities;

(3) Provide access to and along the Carson River, including, without limitation, parking areas; or

(4) Restore the Carson River corridor.

(g) Not more than $5,000,000 to Douglas County, Washoe County, Carson City or a municipality located within those counties, or any combination thereof, to enhance and develop the path system in the Lake Tahoe area.

2. The Division may enter into contracts or agreements with nonprofit conservation organizations in an amount not to exceed $15,000,000 to acquire land and water or interests in land and water for the public benefit to protect and enhance wildlife habitat, sensitive or unique vegetation, historic or cultural resources, riparian corridors, floodplains and wetlands and other environmental resources.

3. The Administrator may use advisory committees to make recommendations for grants awarded pursuant to subsection 1 or contracts or agreements entered into pursuant to subsection 2.

4. The Administrator will coordinate with the Division of State Parks of the State Department of Conservation and Natural Resources for any grant awarded pursuant to paragraph (b) of subsection 1.

5. The Administrator will coordinate with the Department of Wildlife and the Nevada Natural Heritage Program for any grant awarded pursuant to paragraph (c) of subsection 1.

6. The Administrator will determine the boundaries of the Carson River corridor for any grant awarded pursuant to paragraph (f) of subsection 1.

7. An urban park for which land and water or an interest in land and water was acquired pursuant to paragraph (b) of subsection 1 must be open to the public.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.456 Application for grant, contract or agreement: Solicitation; submission; contents. (§ 2 of ch. 6, Stats. 2001 Special Session)

1. The Administrator will periodically:

(a) Solicit applications from counties, municipalities, state agencies and nonprofit organizations for grants of money from the sale of general obligation bonds issued pursuant to chapter 349 of NRS;

(b) Solicit applications from nonprofit conservation organizations to carry out contracts or agreements; and

2. An application for a grant, contract or agreement pursuant to subsection 1 or 2 of NAC 321.454 must be submitted to the Administrator and must include, without limitation:

(a) A completed application on a form provided by the Administrator;

(b) The total projected cost of the project, including, without limitation, as appropriate, the estimated costs for planning, design, acquisition and construction, and a description of the manner in which each estimated cost was calculated;

(d) A detailed description of the project and the manner in which the project meets the intent of the Program;

(e) Documentation that the project was commenced on or after July 1, 2000;

(f) A proposed schedule for the project that must include the planned phasing and implementation of the project;

(g) Documentation of the qualifications of the nonprofit organization, if applicable;

(h) A detailed description of matching contributions that will be provided by the applicant;

(i) Proof that the applicant has title to, or a lease or easement on, land that is required to carry out the project or a letter of intent between the property owner and the applicant concerning the acquisition of the property by the applicant;

(j) Proof that the applicant is willing to sell or donate land and proof that there is a person who is willing to purchase or receive the land, if applicable;

(k) If the application is submitted by a nonprofit conservation organization and includes the acquisition of land or water or an interest in land or water, the most current financial statement of the organization and specific details concerning the manner in which the money of the State will be secured by an interest in the property;

(l) A map of the location and a plan of the site of the project indicated in an appropriate scale;

(m) A statement from an appropriate local, regional, state or federal agency that the project conforms to all applicable local, regional, state and federal plans;

(n) Documentation and a statement by the applicant that the applicant notified all property owners within a 1-mile radius of the subject property boundary or the closest 10 property owners, whichever number of property owners is less, about the proposal before the submission of the proposal to the Division, unless the Administrator requires different information on a case-by-case basis;

(o) A statement from any local jurisdiction affected by the proposal that details any issues or concerns about the proposal and whether the local jurisdiction supports or opposes the proposal;

(p) A completed Environmental Impacts Checklist on the form provided by the Division and, if applicable as a result of a potential adverse impact to the environment, a summary of a proposed plan to mitigate the potential impact of the project on the environment; and

(q) A summary of the proposed plan for operation and maintenance of the project for a period of not less than 20 years, including, without limitation, the identity of the person who will operate the project and provide the maintenance.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.458 Eligibility of project for grant: Preapplication for initial determination; criteria for determination. (§ 2 of ch. 6, Stats. 2001 Special Session) Before a county, municipality, state agency or nonprofit organization submits an application for a proposed project, the county, municipality, state agency or nonprofit organization may submit a preapplication to the Division for an initial determination of the eligibility of the project for a grant under the Program. In making a determination of the eligibility of a project, the Administrator will consider, without limitation, the following criteria:

1. Whether the county, municipality, state agency or nonprofit organization is eligible to apply for a grant;

2. Whether the proposed project is eligible pursuant to NAC 321.454; and

3. Whether the proposed project provides a public benefit as determined by the Administrator.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.460 Ranking of applications and awarding of grants by Administrator; use of advisory committee. (§ 2 of ch. 6, Stats. 2001 Special Session)

1. The Administrator will rank applications made pursuant to NAC 321.456 in order of their importance. The Administrator will award grants for projects or acquisitions that, based on the application, are most appropriate for the receipt of a grant within the overall purpose of the Program. The Administrator will use a point system as outlined in the Administrative Guidelines of the Division to rank each application. The Administrator will award points based on the following factors:

(a) The extent of environmental significance of the project and the degree of conservation and protection of natural resources, including, without limitation, the preservation of a natural, scientific, cultural, archaeological, agricultural, paleontological or historical site, or a wetland or riparian resource;

(b) The extent of the public benefit, including, without limitation, an overall advancement in the conservation and protection of the natural resources of the State, an enhancement to recreational opportunities, increased public access to lands and waters and the achievement of goals identified in adopted open-space plans;

(c) The objectives of the project are clearly stated in the proposal, and the applicant has the ability to carry out those objectives;

(d) The detail and design of the project is adequate and includes a detailed plan for management of the project that specifies the manner in which the project will be maintained and the manner in which the project will remain consistent with the purpose of the Program;

(e) The projected budget and associated costs of the project are reasonable and detailed, the amount and sources of matching contributions are listed and the project will meet the stated objectives in a cost-effective manner;

(f) The fact that the project is a cooperative effort with other agencies, organizations or persons and the extent of the support for the project from counties, municipalities and other public entities; and

(g) Any other factor that the Administrator considers to be important in the ranking process, including, without limitation:

(1) The urgency of the need for the project;

(2) That the applicant provides for matching contributions that exceed the matching contributions required in NAC 321.462;

(3) The application for acquisition of land includes the acquisition of water rights or another interest that will remain with the land in perpetuity;

(4) The existence of a local need for the project that warrants special attention for the project due to a lack of similar opportunities in the local area; and

(5) If the project does not include the acquisition of fee simple title to land, the applicant proposes an easement for conservation or a remainder after a life estate.

2. The factors of environmental significance, as described in paragraph (a) of subsection 1, and public benefit, as described in paragraph (b) of subsection 1, are worth more points than the other factors in subsection 1.

3. The Administrator may use an advisory committee to review applications and make recommendations to the Administrator. The Administrator may consider a recommendation by an advisory committee when awarding points pursuant to subsection 1.

4. The decision of the Administrator is final. An application that is not selected by the Administrator to receive a grant may be resubmitted for a grant to be awarded at a future date.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.462 Amount and eligibility of matching contributions. (§ 2 of ch. 6, Stats. 2001 Special Session)

1. To receive a grant pursuant to the Program, an applicant must provide for an eligible matching contribution as follows:

(a) For a grant awarded pursuant to paragraph (a) or (b) of subsection 1 of NAC 321.454, not less than 25 percent of the total cost of the project;

(b) For a grant awarded pursuant to paragraph (c) or (d) of subsection 1 of NAC 321.454, not less than 5 percent of the total cost of the project;

(1) In a county whose population is 100,000 or more, not less than 50 percent of the total cost of the project; or

(2) In a county whose population is less than 100,000, not less than 25 percent of the total cost of the project;

(d) For a grant awarded pursuant to paragraph (f) or (g) of subsection 1 of NAC 321.454, not less than 50 percent of the total cost of the project; and

(e) For a grant awarded pursuant to subsection 2 of NAC 321.454, not less than 50 percent of the cost of the acquisition.

2. A matching contribution is eligible for the purposes of this section if the matching contribution is for a project initiated on or after July 1, 2000, if it is directly related to the project or acquisition and if it includes:

(a) Cash;

(b) Planning, labor, including volunteer labor, appraisals, equipment rental and material costs;

(d) Any costs associated with required environmental information for the project or acquisition, the documentation of which must be submitted with the application;

(e) Costs incurred for the establishment of a monitoring program to monitor the success of a project;

(f) Any other matching contribution not listed in subsection 3, subject to the approval of the contribution by the Administrator; or

(g) Any combination of paragraphs (a) to (f), inclusive.

3. The following matching contributions, without limitation, do not qualify as eligible matching contributions for the purposes of this section:

(a) Costs associated with the preparation of the application;

(b) In-kind services that do not relate to the project or the purpose of the Program;

(d) Other money granted pursuant to the Program; and

(e) Any other matching contribution that the Administrator determines is an inappropriate matching contribution.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.464 Agreement between Division and recipient of money: Authorized and prohibited uses of money. (§ 2 of ch. 6, Stats. 2001 Special Session) The Division and the recipient of any money pursuant to a grant, contract or agreement made pursuant to NAC 321.454 shall enter into an agreement that:

1. Authorizes the recipient to use the money from the grant, contract or agreement to pay for:

(a) All expenses related directly to the project or acquisition, including, without limitation, expenses related to the planning, design and construction of the project which must be calculated based on actual costs; and

(b) The documented administrative costs of the project, not to exceed 5 percent of the total cost of the project.

2. Prohibits the recipient from using the money from the grant, contract or agreement to pay for:

(a) Any planning activity that is not directly related to the design and engineering of the project;

(b) The purchase of new equipment, unless the Administrator has determined that the new equipment is necessary as a one-time purchase specific to the project;

(d) Any component of the project that the Administrator determines does not benefit the public;

(e) Any project or portion of a project that has already been completed; or

(f) Any other expenses that the Administrator determines are not necessary to carry out the purposes of NAC 321.400 to 321.466, inclusive, or that are not in compliance with the intent of the Program.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

NAC 321.466 Agreement between Division and recipient of money: Miscellaneous requirements. (§ 2 of ch. 6, Stats. 2001 Special Session) The Division and the recipient of any money pursuant to a grant, contract or agreement pursuant to NAC 321.454 shall enter into an agreement that requires the recipient to:

1. Provide a matching contribution of not less than the amount specified in NAC 321.462.

2. Provide a plan for the operation and maintenance of the project for not less than 20 years after the project is completed.

3. Agree to:

(a) Ownership of a full or partial interest in any property that is necessary for the project;

(b) Include pertinent nonrevocable deed restrictions and appropriate reversionary clauses to ensure that at all times the land is maintained in a manner consistent with the purpose of the Program; and

(c) Include a stewardship statement that addresses maintenance, monitoring and enforcement of weed control, dust control and other related issues.

4. Agree to any additional conditions that the Administrator determines are necessary to carry out the purposes of NAC 321.400 to 321.466, inclusive, or the intent of the Program, including, without limitation, the posting of a performance bond by the recipient.

5. Obtain such easements for conservation or other interests in land in perpetuity, or as otherwise approved by the Administrator, as are necessary to carry out the project. The Administrator must approve the easements. The Administrator may require that the easement for conservation or other interest in land be held by the State.

6. Acknowledge that any interest in land or water acquired by the State or a nonprofit organization pursuant to the Program must:

(a) Be acquired and held by the Division pursuant to chapter 321 of NRS; and

(b) Not be acquired by condemnation or the power of eminent domain.

7. Maintain an accurate accounting of all expenditures made from money received pursuant to the Program and allow the Division to review the accounting upon request.

8. If the recipient requests that the entire amount of the grant or a portion thereof be provided in advance, demonstrate an extraordinary need and enter into an agreement with the Division that delineates the specific reporting methods that will be used, including, without limitation, quarterly expenditure reports and a project status report that details the timeliness of the project.

9. Provide the Division with detailed invoices on a consistent basis as agreed upon by the Division and the recipient to ensure timely and accurate disbursement of grant money.

(Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)

APPRAISAL OF LAND OFFERED FOR SALE OR LEASE

NAC 321.500 Definitions. (NRS 321.007) As used in NAC 321.500 to 321.525, inclusive, unless the context otherwise requires, the words and terms defined in NAC 321.505 and 321.510 have the meanings ascribed to them in those sections.

(Added to NAC by Div. of St. Lands by R231-05, eff. 5-4-2006)

NAC 321.505 “Division” defined. (NRS 321.007) “Division” means the Division of State Lands of the State Department of Conservation and Natural Resources.

(Added to NAC by Div. of St. Lands by R231-05, eff. 5-4-2006)

NAC 321.510 “List of appraisers” defined. (NRS 321.007) “List of appraisers” means the list of appraisers established and maintained by the Division pursuant to NAC 321.515.

(Added to NAC by Div. of St. Lands by R231-05, eff. 5-4-2006)

NAC 321.515 List of qualified appraisers: Establishment and maintenance. (NRS 321.007)

1. The Division will establish and maintain a list of appraisers who are qualified and willing to perform appraisals of land offered for sale or lease by the State Land Registrar.

2. At least once every 3 years, the Division will solicit applications from appraisers for inclusion on the list of appraisers. As part of the solicitation, the Division will notify each appraiser that failure to respond to three successive requests for bids made pursuant to NAC 321.525 may result in removal of the appraiser from the list.

3. An appraiser who applies to be included on the list of appraisers must submit to the Division an application setting forth:

(a) A statement that the appraiser is willing to perform appraisals of land offered for sale or lease by the State Land Registrar;

(b) The counties in which the appraiser is willing to perform such appraisals;

(d) A sample of a self-contained appraisal report prepared by the appraiser;

(e) The resume of the appraiser, including, without limitation:

(1) The educational accomplishments of the appraiser;

(2) A list of professional courses the appraiser has taken;

(3) The appraiser’s professional experience or length of time in practice; and

(4) A list of clients for whom the appraiser has recently performed an appraisal;

(f) Proof that the appraiser holds a valid certificate as a general appraiser issued pursuant to chapter 645C of NRS; and

(g) If applicable, evidence of the membership of the appraiser in a professional organization for appraisers.

4. The State Land Registrar:

(a) Shall review the applications submitted pursuant to subsection 3 and make the final determination as to which appraisers are to be included on the list of appraisers.

(b) Shall not include on the list of appraisers any appraiser who does not hold a valid certificate as a general appraiser issued pursuant to chapter 645C of NRS.

5. The State Land Registrar may remove an appraiser from the list of appraisers if:

(a) The appraiser submits to the Division a written request to be removed from the list of appraisers;

(b) The appraiser ceases to hold a valid certificate as a general appraiser issued pursuant to chapter 645C of NRS;

(d) The State Land Registrar determines that the appraiser has failed to perform in a satisfactory manner.

6. If an appraiser is removed from the list of appraisers pursuant to paragraph (c) of subsection 5, the appraiser may, not sooner than 6 months after the date of the removal, submit a new application to the Division pursuant to subsection 3 for inclusion on the list.

(Added to NAC by Div. of St. Lands by R231-05, eff. 5-4-2006)

NAC 321.520 List of qualified appraisers: Contents and organization. (NRS 321.007)

1. The Division will include on the list of appraisers:

(a) The name of each appraiser selected by the State Land Registrar to be included on the list;

(b) The county or counties in which each appraiser on the list is qualified and willing to perform an appraisal; and

2. The Division will organize the list of appraisers:

(a) By county; and

(b) By type of appraisal that each appraiser on the list is qualified and willing to perform.

3. The Division will organize the list of appraisers for each county:

(a) By using a random number table; and

(b) By rotating the names on the list using a random number table whenever an appraiser is:

(1) Selected from the list to perform an appraisal pursuant to NAC 321.525; or

(2) Added to the list for that county.

4. As used in this section, a number table is “random” if it provides a process which ensures that each appraiser on the list of appraisers has an equal chance of receiving a request for a bid from the State Land Registrar to perform an appraisal which the appraiser is qualified to perform.

(Added to NAC by Div. of St. Lands by R231-05, eff. 5-4-2006)

NAC 321.525 Selection of appraiser to perform appraisal: Procedure and criteria. (NRS 233B.050, 321.007)

1. If the Division is required to select an appraiser to perform an appraisal of land offered for sale or lease by the State Land Registrar, the Division will request bids to perform the appraisal from at least the first five appraisers to appear in the appropriate portion of the list of appraisers. If fewer than five appraisers appear in the appropriate portion of the list, the Division will request bids to perform the appraisal from all appraisers who appear in the appropriate portion of the list.

2. The request for bids must include, without limitation:

(a) A request for:

(1) The estimated cost to complete the appraisal;

(2) The estimated time to complete the appraisal; and

(3) Verification of the qualifications of the appraiser to perform the appraisal, which may include an updated resume and appraisal sample.

(b) A notice that when the appraiser submits a bid, the appraiser must provide to the Division a statement disclosing:

(1) All sources of income of the appraiser that may constitute a conflict of interest if the appraiser performs the appraisal which is the subject of the request for a bid; and

(2) Any relationship of the appraiser with:

(I) The owner of the land that is the subject of the appraisal; or

(II) The owner of a property adjoining the land that is the subject of the appraisal.

(c) A notice that an appraiser shall not perform an appraisal on any land offered for sale or lease by the State Land Registrar if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the land or an adjoining property.

3. The selection of an appraiser to perform an appraisal must be based on criteria to include, without limitation:

(a) The response of the appraiser to the request for information described in paragraph (a) of subsection 2;

(b) The past history of the appraiser in completing appraisal assignments for the State in a timely manner in accordance with agency requirements;

(c) The appraiser’s estimated cost to perform the appraisal as compared with the assignment and other bids submitted; and

(d) The appraiser’s estimated time to complete the appraisal as compared with other bids submitted and the requirements of the Division for completion of the assignment.

4. If, after following the procedures set forth in subsections 1, 2 and 3, the Division has been unable to receive two appraisals, the Division will continue to request bids until two appraisals are obtained.

(Added to NAC by Div. of St. Lands by R231-05, eff. 5-4-2006)